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(영문) 서울중앙지방법원 2019.08.12 2019고합412
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

One of the items (No. 4) seized shall be excessive to the victim's name undissatisfy.

Reasons

Punishment of the crime

[Criminal Power] On October 20, 2010, the Defendant sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on March 26, 2015, two years and six months from imprisonment for habitual larceny, etc. at the Daejeon District Court on March 26, 2015, and two years and six months from June 16, 2017, respectively, to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court on June 16, 2017, and completed the execution of final sentence

【Criminal Facts】

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) committed a theft of cash or credit card in a parked vehicle without any contact with one another, thereby raising an Internet private gambling fund.

On April 23, 2019, from around 04:00 to 05:00, the Defendant opened a door-to-face driver’s seat of the victim C parked on the front side of the Goyang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and cut off the Defendant’s property worth KRW 35,525,00 in total at the market price by the same method six times, such as the list 1 of the crimes committed.

Accordingly, the defendant habitually stolen the victims' property.

2. Fraud and the Defendant violated the Specialized Credit Financial Business Act: (a) around 11:28 April 23, 2019, from the precious metal store operated by the Victim F, on the second floor of the building underground of the building E in Yongsan-gu, Yongsan-gu, Yongsan-gu, Goyang-si, the Defendant purchased one gold scrap in an amount equivalent to the market price of 1.340,000 won; (b) as if he had the right to use, he did so; (c) paid the price with the Korean card in the name of the stolen C, as described in paragraph (1); and (d) received one gold scrap from the victim; and (d) from that time, from that time until April 16:03, 2019, it shall be a theft card with the same method four times in total, as shown in attached Table 2.

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